A BILL to amend and reenact §60-6-1 and §60-6-6 of the Code of West
Virginia, 1931, as amended, all relating to allowing owners
of warehouses which are customs bonded warehouses or such
other warehouses which are approved by the Alcohol Beverage
Control Commissioner to store and transport into, out of and
within the state alcoholic liquors, wine, beer or
nonintoxicating beer not held or intended for retail or use
within the state.

Be it enacted by the Legislature of West Virginia:

That §60-6-1 and §60-6-6 of the Code of West Virginia, 1931,
as amended, be amended and reenacted to read as follows:

ARTICLE 6. MISCELLANEOUS PROVISIONS.

§60-6-1. When lawful to possess, use or serve alcoholic liquors.

The provisions of this chapter may not prevent:

(1) A person from keeping and possessing alcoholic liquors in
his or her residence for the personal use of himself or herself,
his or her family, his or her employee or his or her guests if the
alcoholic liquors have been lawfully acquired by him or her;

(2) A person, his or her family, or employee from giving or
serving such alcoholic liquors to guests in the residence, when the
gift or service is not for the purpose of evading the provisions of
this chapter;

(3) The holder of a winery or a farm winery license from
serving complimentary samples of its wine in moderate quantities
for tasting on the winery or the farm winery premises; and

(4) The holder of a distillery or a mini-distillery license
from serving complimentary samples of its alcoholic liquor in
moderate quantities for tasting on the distillery or the mini-distillery premises; and

(5) Any owner of a warehouse, which warehouse is approved by
the United States government as a customs bonded warehouse under
the provisions of Title 19, United States Code Section 1555, or who
has first obtained written approval from the commissioner to use
the warehouse as a place for storage but not resale or use of
alcoholic liquors, wine, beer or nonintoxicating beer within the
state, from keeping, storing and possessing alcoholic liquors,
wine, beer or nonintoxicating beer which are being stored in the
warehouse and not being held for resale or use within the state,
when such storage is not for the purpose of evading the provisions
of this chapter.

§60-6-6. Transporting alcoholic liquor in excess of ten gallons.

The provisions of This chapter shallmay not prevent a person
from bringing into or transporting in this state, in his or her
possession or in his or her baggage, and not for resale, alcoholic
liquor in a quantity not to exceed ten gallons: Provided, That
upon written permission of the commissioner, quantities of
alcoholic liquor in excess of ten gallons may be transported within
this state: Provided, however, That an owner of a warehouse, which
warehouse is approved by the United States government as a customs
bonded warehouse under the provisions of Title 19, United States
Code Section 1555, or who has first obtained written approval from
the commissioner to use the warehouse as a place for storage of
alcoholic liquors, wine, beer or nonintoxicating beer within the
state, but not for retail or use as provided for in section one of
this article, may transport into the state to the warehouse and out
of the state from the warehouse, or from the warehouse to a lawful
purchaser under the provisions of this chapter, any quantity of
alcoholic liquor, wine, beer and nonintoxicating beer.

NOTE: The purpose of this bill is to allow owners of
warehouses which are federally designated customs bonded warehouses
and warehouses which are otherwise approved by the Alcohol Beverage
Control Commissioner to store in these warehouses and to transport
into, out of and within the state quantities of alcoholic liquors,
wine, beer or nonintoxicating beer which are not intended or being
stored for the purpose of sale or use within the state.

Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.